Pronin v. Wright et al

Filing 74

ORDER FOR DISBURSEMENT re 71 USCA Order. Signed by Magistrate Judge Kaymani D West on 7/12/2017. (mcot, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Dmitry Pronin,
Plaintiff,
vs.
Charles Wright; Neal Urch; and L.
Blackwell,

Defendantsl

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CIA No.

5:16-cv-03635-HMH-KDW

ORDER FOR DISBURSEMENT

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983.
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After initial review of the matter, I! the undersigned issued a Report and Recommendation
("R&R"), recommending the distric~ court partially dismiss the Complaint without prejudice

against certain defendants and deny P,1aintiff s request for certification of a class action. ECF No.
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27. The distric_t court adopted the undersigned's R&R in an Order that dismissed Plaintiffs
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Complaint against a certain defendapt, instructed Plaintiff file an Amended Complaint, denied
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Plaintiffs request/motion for certification of a class action, and remanded the case to the
undersigned. ECF No. 39. On May l, 2017, Plaintiff filed a Notice of Appeal with the Fourth
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Circuit Court of Appeals ("Fourth Circuit"), appealing the denial of class certification. ECF No.
53.
On June 9, 2017, the Fourth ~ircuit granted Plaintiff leave to proceed on appeal without
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the full prepayment of fees pursuant.to the terms of the Prison Litigation Reform Act. See ECF
No. 66. The Fourth Circuit's ordeL required periodic withdrawal of payments by appellant's
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custodian from appellant's inmate tfust account. See id. However, after learning Plaintiff paid
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$505 to this court, see ECF No. 70, on June 28, 2017, the Fourth Circuit rescinded its June 9,
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2017 order allowing Plaintiff proce~d without prepayment. ECF No. 71. It appears to the court

that Plaintiffs $505 payment to the; district court on June 27, 2017, was intended to pay his
appellate fees. Therefore, the clerk of court is directed to refund Plaintiffs filing and docketing
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fees already withdrawn in connection:'.with Plaintiffs appeal.
IT IS SO ORDERED.

July 12, 2017
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge